A couple of post’s below, there is a bit about a NEFMC meeting I recently attended in Hyannis. There ws a story in the Cape Cod Times the following day about this meeting - Cape fishermen cry foul on quotas In which the picture the Times used, features a fisherman named Phil Michaud Jr.. I spoke very briefly at the meeting, I limited my comment at the time as I explained in my post below, because I had only found out about the meeting a day earlier and wasn’t completely up to speed, but the one thing I did have to say that was the most important, was that I didn’t think folks should be able to sit on quota, that if they didn’t use it, the quota should be returned to the common pool, of which, Mr. Michaud is part of.
Isn’t this somewhat ironic? I am supporting Mr. Michaud as a fellow fisherman, yet he doesn’t seem to feel the same way toward me, as he states in his comment to my post – The unimportance of fishing to the public
phil michaud jr says:
March 4, 2010 at 7:41 pm (Edit)
I understand some of your frustration as a hook fisherman,perhaps you could buy a dragger and join us,there’s many for sale.
I do remember some of the serious hook fishermen back in the eighties that helped massachussetts get it’s quota,there numbers have increased ten fold or more,our permit numbers have dropped.
If not for the five to ten thousand pounds our dragger and other draggers each landed weekly May thru October, what would your fishery be like?A very short season to say the least.
Today many hook fishermen benifit from the quota draggermen established why complain?
Ok, I realize that this isn’t exactly a stinging criticism, but it isn’t exactly a compliment either. He starts off saying he understands some of my frustration, but he ends telling me I oughta be happy with what I have, even though what I have is less than what he has… Thanks brother… It’s this attitude that keeps us divided.
Rolling forward a bit… Last spring, the issue of the disparate landing limit was finally brought to the Marine Fisheries Commission, but again to no result. Just like in 2005, DMF director Diodati refused to let the commission vote on this in 2005, he wouldn’t even let them discuss this as a proposal. I attended the commission meeting at the Hilton in Waltham. As I entered the room where the meeting was held, I walked past Ed Barrett and Vito Calomo, Ed is the president of the Massachusetts Fishermen’s Partnership and Vito was the chairman of the commission, but is now the vice-chairman. As I entered, I overheard Ed say to Vito, “make sure these hook guys don’t get what they want”. Amazing? Ironic at least, that the president of the Massachusetts Fishermen’s Partnership, would say this….some partnership huh? It made little difference, what he said, or maybe it did, I don’t know, I’m an ousider to say the least in what the commssioners and the director communicate to each other outside these proceedings, so I can’t say with certainty. The fix was apparently in though, and in my opinion had been all along. I will explain…
It seems to have started with the seemingly innocuous change to the notice sent out by the DMF, stating that the “public hearings” to be held with regard to proposed rule changes for 2011, were actually to be “public meetings“. The difference wasn’t appreciable at the time, however I soon came to realize the ramifications, which are enormous. Under MGL 30a sec.2;
Prior to the adoption, amendment, or repeal of any regulation as to which a public hearing is required, an agency shall hold a public hearing. Within the time specified by any law, or, if no time is specified, then at least twenty-one days prior to the date of the public hearing, the agency shall give notice of such hearing by (a) publishing notice of such hearing in such manner as is specified by any law, or, if no manner is specified, then in such newspapers, and, where appropriate, in such trade, industry or professional publications as the agency may select;
The difference is that the DMF, couldn’t hold a public hearing and then not allow the MFC to vote on the proposal, because, if it was a hearing, they’d be obligated to let them, because they proposed this at a public hearing, confusing? The intricacies are such that most everyone, myself included, didn’t see the difference, at least not until it was too late. Even the MFC was a little confused at the meeting, I’ve uploaded the ten minutes of audio relative to this, clink on the link or listen below, turn your volume all the way up, if you listen with windows media player, it might not be loud enough, so go to the enhancement settings and turn the bars on the graphic equalizer all the way up.
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Notice how one commissioner, Randy Sigler is puzzled that this is not an action item, even though it is listed as such. Diodati explains this by saying it was easier to deal with it as such… Now for the big Lie. I questioned director Diodati’s decision to not recommend this to the commission, to which he replied:
The fact that I presented a proposed regulation for public input, then didn’t recommend it as a final rule to the Commission is simply part of the rule-making process. It should demonstrate to you and anyone watching that our proposals are not a “done deal” before we go into public hearings, a common belief of some fishermen. We listen to what the public has to say and in this case, a better argument was made to leave the hook catch limit at 200 pounds rather than raising it to 300.
Which is ironic to say the least considering that he also says:
Gathering public testimony is not about seeking the majority opinion, it’s about determining the best rationale for changing a rule.
I see… He can’t even keep his story straight for two paragraphs. So, to make this more interesting, here’s what he told the commission in writing, before the meeting, why he wasn’t recommending this:
“Based on this public comment and a general lack of support for the proposal, I do not recommend an
increase in the fluke hook and line trip limit to 300 lbs. at this time.”
I see. So, even though all 60 members of CIIFA and all the members of the Dartmouth Anglers, which total over 100 persons, were in favor of this increase, he still cites a “general lack of support“? Laughable.
So, I pushed the issue a bit, mostly to bait a reaction, but I was serious too, when I wrote a new simple petition, asking that all fisheries conducted in state waters by state permitted fishermen have the same trip limits, regardless of the gear used. The response was, to say the least, incredible:
The Division and the Marine Fisheries Advisory Commission held public hearings on this same
petition last year. Comments provided at those hearings were primarily opposed to the adoption of
such regulations. In accordance with my recommendation the Commission declined to take any
action on the petition or adopt the petition’s proposed regulations.
The commission rejected it? How is this possible? How can they reject what they aren’t able to act on? I believe the directors words were, “no action is necessary at this time.” So…
Why was Randy Sigler asking why they weren’t voting/acting on this? The commission wasn’t allowed to vote, because DMF director Diodati made sure they couldn’t. If the meetings about the proposals had been public hearings, then they’d have to vote due to the administrative procedure, but since it was a meeting and not a hearing, no such obligation existed and it was essentially the directors call. In the end, al the rules discussed and voted on ( some were vote on..funny huh?) were all brought into effect by emergency rule and the director even tells them so much at the meeting. So, why even have a commission or meeting at all, if the director can just do what he wants though intentional manipulation of the system to meet the wants of the guys he wants to keep in favor with?
Ed Barret, I also have issues with, for his comments to Vito, especially when he recently lent his name to a plea to the NEFMC entitled Fleet Diversity I guess that the diversity he wants only includes draggers? Or Am I missing something? It’s OK to keep the little hook guy down, but it’s not ok to keep the little groundfisherman down? A little hypocritical?
We are all fishermen. What divides us is us. We are the only ones we can point at in the end for everything. How we treat each other is more important than anything, but the guys closer to the top forget this all too often…
Sorry if I offended anyone. We are all a part of this.
I should’ve included above, but didn’t, that it’s strange that the DMF has no problem with saying no to the hook guys, but will let anyone with a CAP permit with a fluke endorsement do what they want even though many of the draggers never landed a single fluke back in the days when the “quota’s” were being “made”.